Author(s)

Weitong Yu ¹

Affiliation(s)

¹ Anhui University of Finance and Economics, Bengbu, Anhui, 233030, China

Corresponding Author

Weitong Yu

ABSTRACT

The public disclosure of judicial documents has produced numerous positive effects in judicial transparency, fairness, legal public education, risk prevention for societal entities, and specialized education and research across various industries. However, without a clear understanding of the primary functions and value of public disclosure, excessive exposure of litigants' personal information and privacy in these disclosed documents has led to a conflict between public interest and individual rights. It is recommended to prioritize the protection of individual rights and procedural justice, in tandem with the proportionality principle, to achieve public interest objectives with the least infringement on personal rights. By utilizing an anonymization mechanism, a dynamic balance between the public disclosure of judicial documents and personal data protection can be established.

KEYWORDS

Judicial Document Disclosure, Privacy Rights, Personal Data Protection, Interest Balancing

CITE THIS PAPER

Weitong Yu, The Conflict and Balance between Public Disclosure of Judicial Documents and Personal Data Protection: An Examination of the Anonymization Mechanism. Science of Law Journal (2023) Vol. 2: 64-69. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020909.

REFERENCES

[1] Zhang Xinbao. "From Privacy to Personal Information: A Reevaluation of Interests in Theory and Institutional Arrangements." China Law Science, 2015(3). 
[2] Alita L. Allen, Richard Lunn, and Lito Crinton. "American Privacy Rights: Doctrine, Cases, and Legislation". Translated by Feng Jianmei et al. China Democracy and Legal System Publishing House, 2004, p. 17. 
[3] Wang Yu. "Research on the Protection of Personal Information in the Online Publication of Judicial Documents". Jiangsu Normal University, 2019. 
[4] Division of Supreme People's Court. Foreign Experiences in the Public Disclosure of Judicial Documents. People's Court Daily, November 22, 2013, 5th edition. 
[5] Liu Xiaopeng. "The Conflict and Balance between Live Streaming of Court Trials and the Protection of the Privacy Rights of the Parties". Legal Science (Journal of Northwest University of Political Science and Law), 2015(33).

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